Business sets TOP-8 priorities for the newly appointed Minister of Internal Affairs

19/ 07/ 2021

Last week, the Verkhovna Rada supported Denys Monastyrsky as Minister of Internal Affairs of Ukraine. The European Business Association congratulates Mr. Monastyrsky on his appointment. This position implies a challenging but engaging task ahead, namely the creation of an effective security system in the country and honest and impartial law enforcement agencies. For 4 years in a row, the EBA has been conducting our annual survey - the Happiness Barometer in Ukraine and for 4 years in a row, the level of security in the country has been rated the worst. This year 66% of respondents were dissatisfied with the state of security and feel disturbed about their own future. The most worrying is the lack of the judicial and law enforcement system, as well as their arbitrariness, low social security, raiding. Anna Derevyanko. EBA Executive Director. Honest and effective law enforcement agencies are crucial for companies and investors as they protect and defend the interests of transparent business and help to ensure the rule of law and justice. After all, this is one of the foundations for equal rules of the game in the country and the fight against the shadow economy, which, unfortunately, still continues to grow. So, the new minister has a lot of work to do, and systematization, impartiality, and openness can be a great help in this matter. For the new Minister to have guidelines for establishing effective law enforcement and ensuring equal rules of the game in Ukraine, our business community has prepared 8 issues that need to be addressed (and although they seem narrow, they still can serve as an impetus for further work). First is strengthening the fight against theft on national and regional roads. Second is the creation of a specialized department that will deal with the protection of intellectual property rights. Third is fostering the fight against counterfeiting, the shadow and gray markets. Especially, the spontaneous market where currently no one controls the quality of goods, and most products are sold counterfeit (coffee, spices, tobacco products, household chemicals). Fourth is resolving the situation with e-commerce, strengthening responsibility for businesses that, for example, violate the requirements of e-commerce legislation, establishing cooperation between the Cyberpolice and representatives of the State Food and Consumer Service and other regulatory authorities. Fifth is the digitalization of the activities of the Ministry of Internal Affairs (simplifying the obtainment of permits, transferring most procedures online, for example, electronic summons to the police department for interrogation, registration, and issuance of permits and re-registration of permitted weapons, obtainment of certificates of no criminal record, etc.). Also, it is necessary to debug those features that already work online. For example, solving a number of problems with the electronic registration of a vehicle user. Thus, business executives continue to receive fines instead of drivers. Besides, it is not always possible in the electronic system to replace one driver with another who uses the companys vehicles. Sixth is helping to solve the problem of illegal construction. Earlier, to tackle this problem, the Government has set up an Interdepartmental Working Group, which included MPs from all parliamentary factions and groups in the Verkhovna Rada, representatives of the Ministry of Internal Affairs, Ministries of Community and Territories, the Ministry of Justice, the National Police, the National Bank, National Securities and Stock Market Commission and the Kyiv City State Administration. However, the issue still remains unresolved. Seventh is eliminating the abuse of powers by law enforcement authorities, for example, in exercising the right to apply to entrepreneurs such measures of criminal proceedings as temporary seizure and seizure of property. Such abuses of powers by the authorities cause significant damage to legal entities and natural persons-entrepreneurs (FOPs) who use confiscated property and documents as objects or means of production. Unreasonable seizure and retention of such property lead to the impossibility of doing business, stopping the operation of enterprises, bringing them to a state of insolvency. The damage caused by such actions of law enforcement officers to entrepreneurs, and accordingly to the economy of the state, often far exceed the consequences of the crimes they investigate. Eighth is changing the funding and control of some services. For example, the Maritime Search and Rescue Service (MSRS) is funded at the cost of ship duties. However, world practices show that the emergency rescue work at sea is a public and socially significant function that should be funded from the state budget. Given the optimization of the organization of state institutions, it is necessary to include the Ministry of Internal Affairs in the scope of the State Emergency Service of Ukraine, whose activities are directed and coordinated by the Cabinet of Ministers through the Ministry of Internal Affairs. The European Business Association hopes that these business proposals will be addressed in the near future, and finally an effective and honest law enforcement system will be built in Ukraine, which will help every citizen and investor to feel protected by the state. Meanwhile, the EBA avails of this opportunity to invite Denys Monastyrsky to a meeting with member companies of the Association!

Last week, the Verkhovna Rada supported Denys Monastyrsky as Minister of Internal Affairs of Ukraine. The European Business Association congratulates Mr. Monastyrsky on his appointment. This position implies a challenging but engaging task ahead, namely the creation of an effective security system in the country and honest and impartial law enforcement agencies.

For 4 years in a row, the EBA has been conducting our annual survey – the Happiness Barometer in Ukraine and for 4 years in a row, the level of security in the country has been rated the worst. This year 66% of respondents were dissatisfied with the state of security and feel disturbed about their own future. The most worrying is the lack of the judicial and law enforcement system, as well as their arbitrariness, low social security, raiding.

Anna Derevyanko EBA Executive Director

Honest and effective law enforcement agencies are crucial for companies and investors as they protect and defend the interests of transparent business and help to ensure the rule of law and justice. After all, this is one of the foundations for equal rules of the game in the country and the fight against the shadow economy, which, unfortunately, still continues to grow. So, the new minister has a lot of work to do, and systematization, impartiality, and openness can be a great help in this matter.

For the new Minister to have guidelines for establishing effective law enforcement and ensuring equal rules of the game in Ukraine, our business community has prepared 8 issues that need to be addressed (and although they seem narrow, they still can serve as an impetus for further work).

First is strengthening the fight against theft on national and regional roads.

Second is the creation of a specialized department that will deal with the protection of intellectual property rights.

Third is fostering the fight against counterfeiting, the shadow and gray markets. Especially, the spontaneous market where currently no one controls the quality of goods, and most products are sold counterfeit (coffee, spices, tobacco products, household chemicals).

Fourth is resolving the situation with e-commerce, strengthening responsibility for businesses that, for example, violate the requirements of e-commerce legislation, establishing cooperation between the Cyberpolice and representatives of the State Food and Consumer Service and other regulatory authorities.

Fifth is the digitalization of the activities of the Ministry of Internal Affairs (simplifying the obtainment of permits, transferring most procedures online, for example, electronic summons to the police department for interrogation, registration, and issuance of permits and re-registration of permitted weapons, obtainment of certificates of no criminal record, etc.). Also, it is necessary to debug those features that already work online. For example, solving a number of problems with the electronic registration of a vehicle user. Thus, business executives continue to receive fines instead of drivers. Besides, it is not always possible in the electronic system to replace one driver with another who uses the company’s vehicles.

Sixth is helping to solve the problem of illegal construction. Earlier, to tackle this problem, the Government has set up an Interdepartmental Working Group, which included MPs from all parliamentary factions and groups in the Verkhovna Rada, representatives of the Ministry of Internal Affairs, Ministries of Community and Territories, the Ministry of Justice, the National Police, the National Bank, National Securities and Stock Market Commission and the Kyiv City State Administration. However, the issue still remains unresolved.

Seventh is eliminating the abuse of powers by law enforcement authorities, for example, in exercising the right to apply to entrepreneurs such measures of criminal proceedings as temporary seizure and seizure of property. Such abuses of powers by the authorities cause significant damage to legal entities and natural persons-entrepreneurs (FOPs) who use confiscated property and documents as objects or means of production. Unreasonable seizure and retention of such property lead to the impossibility of doing business, stopping the operation of enterprises, bringing them to a state of insolvency. The damage caused by such actions of law enforcement officers to entrepreneurs, and accordingly to the economy of the state, often far exceed the consequences of the crimes they investigate.

Eighth is changing the funding and control of some services. For example, the “Maritime Search and Rescue Service” (MSRS) is funded at the cost of ship duties. However, world practices show that the emergency rescue work at sea is a public and socially significant function that should be funded from the state budget. Given the optimization of the organization of state institutions, it is necessary to include the Ministry of Internal Affairs in the scope of the State Emergency Service of Ukraine, whose activities are directed and coordinated by the Cabinet of Ministers through the Ministry of Internal Affairs.

The European Business Association hopes that these business proposals will be addressed in the near future, and finally an effective and honest law enforcement system will be built in Ukraine, which will help every citizen and investor to feel protected by the state.

Meanwhile, the EBA avails of this opportunity to invite Denys Monastyrsky to a meeting with member companies of the Association!